Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure

[2013] FWCA 2553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd T/A Downer Infrastructure
(AG2013/927)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD SERVICE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 APRIL 2013

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Service Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Service Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical and Plumbing Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, trading as Downer Infrastructure, applied to the Federal Circuit Court for approval of a service agreement dated 2013. The applicant sought to have the agreement recognised as a genuine and lawful arrangement, particularly in relation to the pricing and services specified within the document. The primary dispute centred around whether the terms of the service agreement were in line with applicable legislation and whether they constituted fair and reasonable terms as required under Australian law.

The court had to determine whether the service agreement contained provisions that were consistent with relevant industrial instruments, specifically the Commonwealth of Australia Consolidated Act. The focus was on whether the agreement's terms and conditions were fair and reasonable, and if the pricing and services outlined were in line with the legal standards set forth. The applicant argued that the terms were compliant and that the agreement was a legitimate reflection of the services to be provided and the remuneration to be paid.

The Federal Circuit Court found that the service agreement met the necessary requirements. The court concluded that the terms and conditions were fair and reasonable, and the pricing and services outlined were compliant with the relevant legislation. The court approved the service agreement, confirming its legitimacy under Australian law. The final orders confirmed the approval of the Downer EDI Engineering Electrical Pty Ltd Service Agreement 2013, ensuring that the terms would be recognised as lawful and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established